Palaniyammal, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08.04.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD).No.5266 of 2019 Palaniyammal ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul, Dindigul District.

2.The Deputy Superintendent of Police, Ottanchathiram, Dindigul District.

3.The Inspector of Police, All Women Police Station, Ottanchathiram, Dindigul District.

4.M.Jeyanthi ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent Nos.1 to 3 to give police protection based on the representation dated 08.03.2019 to provide adequate police protection to enjoy the property in 3/232/2, Nadutheru, Thimminaickanpatti, Pachamalayankottai, Sembatty, Dindigul District, without any hindrance and forbear the Respondent No.4 and her family members from threatening and interfering with the peaceful life of the petitioner.

For Petitioner : Mr.S.Lenin Prabhu For R1 to R3 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent Nos.1 to 3 to give police protection based on the representation dated 08.03.2019 to enjoy the property in 3/232/2,

Nadutheru, Thimminaickanpatti, Pachamalayankottai, Sembatty, Dindigul District, without any hindrance and forbear the Respondent No.4 and her family members from threatening and interfering with the peaceful life of the petitioner.

2.The case of the prosecution is that the petitioner is a mother-in-law and the fourth respondent is a daughter-in-law. The marriage between the fourth respondent and the petitioner's son was performed in the year 2012. Thereafter, they are blessed with two children and there was a matrimonial dispute in between the fourth respondent and the petitioner's son, for which, the fourth respondent take in shelter with the petitioner's house and the petitioner made a complaint before the respondent police. Further, the respondent police did not take action against which the present complaint has been filed by the petitioner. Hence, she has filed a present petition seeking police protection before this Court. 3.

The learned counsel appearing for the petitioner would submit that there was a matrimonial dispute in between the fourth respondent and her husband. Therefore, the fourth respondent illegally staying at the mother-in-law/petitioner's home. However, the fourth respondent has no right to stay at the petitioner's home and the fourth respondent verbally, mentally and physically harassing the petitioner. Hence, the petitioner filed a complaint before the respondent police and the respondent police did not take action against her.

4.The learned Government Advocate (Criminal side) appearing for the State would submit that there is no statutory violation or there is no crime and there is no allegation against the fourth respondent, as if the fourth respondent committed crime against the petitioner in the absence of statutory violation or in the absence of any crime, the respondent police shall not take any action against the fourth respondent.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is a mother-in-law and the fourth respondent is the daughter-in-law and the dispute seems to be a family dispute in between them and there is no need for giving police protection to the petitioner.

6.In view of the above, this Court is not inclined to grant police protection to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (cs-II) // True Copy // Sub Assistant Registrar(CS )

To 1.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul, Dindigul District.

2.The Deputy Superintendent of Police, Ottanchathiram, Dindigul District.

3.The Inspector of Police, All Women Police Station, Ottanchathiram, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD) No.5266 of 2019 SP/29.04.2019/3P/5C